Listen to the news, read the newspaper, or surf the web and you can't help but hear about famous estate litigation cases. Whether it's determining who the guardian should be for Michael Jackson's children, how much of the Leona Helmsley estate should pass to her dog, Trouble, or whether or not Anthony Marshall unduly influenced his philanthropic mother, Brooke Astor to change her Will in his favor, one thing is for sure - such contested estates aren’t unique to rock stars or land barons, but rather, affect hard working families day in and day out.
The most common estate litigation cases involve
a) claims of undue influence;
b) lack of capacity;
c) change in the titling of assets either by a power of attorney or an heir altering the dispositive intent of the testator;
d) demands for an estate accounting and objections to the accounting when produced;
e) removal of an executor; or
f) actions challenging trustees as to the investment management of a trust portfolio;
Each case is different and the laws vary from state to state. Accordingly, this website is intended to provide the browser with general, current, interactive information written by an attorney whose practice is geared towards probate litigation and contested estates. Russell J. Fishkind, Esq., is a Partner with the law firm Saul Ewing, LLP, an Associate Adjunct Professor at New York University and the co-author of JK Lasser’s Estate & Business Succession Planning. Mr. Fishkind brings years of courtroom experience and practical advice into his educational Estate Litigation Video series to help browsers better understand this unique area of the law.
Additionally you can also email a specific question and have Russell J. Fishkind, or an attorney on his team who focuses on probate litigation respond.
Mr. Fishkind is an Associate Adjunct Professor in New York University's Department of Finance, Taxation and Law where he teaches estate planning. He frequently writes and lectures about trusts and estates related issues. He is the author of Legacy of a Lifetime, a layman's guide to understanding estate matters and is a co-author of J.K. Lasser Pro's™ Estate & Business Succession Planning – A Legal Guide to Wealth Transfer.
Middlesex County Bar Association
New York State Bar Association
New Jersey State Bar Association
American Bar Association
International Association of Financial Planners
Tri-County Estate Planning Council
Foundation Board of Trustees, William Paterson University
- Partner at the Law Firm of Saul Ewing - Member of the Personal Wealth, Estate and Trust Department.
- Associate Adjunct Professor - New York University teaching Estate Planning.
- Co-Author, JK Lasser Estate and Business Succession Planning.
- Named in the New Jersey Super Lawyers 2005, 2007, 2009.
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